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Sapience HR
 

December 2009 Newsletter

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Poor Performance image

Managing Poor Performance

While misconduct can be quite black and white, poor performance can be harder to deal with. A challenging aspect of your job, you may spend significant time managing employees, specifically evaluating and handling employee performance.

So how do you deal with the poor performer? Poor performance must be addressed immediately. The longer it’s left, the worse it will get. Performance issues revolve around two distinct issues; performance - what the employee is doing and behaviour - how the employee does their work. Both are equally important in evaluating the overall performance of an employee. Though an employee may be executing the work correctly, if they are negative, their behaviour may affect the work environment. The following offers some guidance to help you deal with performance or behaviour issues.

Though it is an obvious first step to talk to the employee about their performance, many managers are reluctant to do this. It can sometimes be difficult to speak with an employee, especially if you think that the employee may react defensively or that the issue seems minor and mentioning it could demotivate your employee. Then one morning you will wake up and decide, enough is enough, go to the office and deal with it in an inappropriate manner, which may cost you in a thoroughly demotivated employee or an expensive claim.

Since most employees want to contribute effectively to the business, you have to bring performance or behaviour issues to their attention. Do it sooner rather than later. It's so much easier to change an employee's performance early on, otherwise the performance becomes embedded and more resistant to change. Get together facts, information and examples so that you have a basis for the discussion with the employee.

Some Aspects to Consider

  • Is the performance or behaviour issue relatively minor and would be corrected by some coaching? This may be appropriate with a new employee.

  • Is the substandard performance a pattern or a recent development? If recent, probe into the reasons for the current change in performance.

  • Have similar events occurred in the past? Has the employee been counselled previously on the issue in question or on a similar issue?

  • Does the employee have the necessary skills, knowledge, abilities and temperament to do the job?

  • Has the employee received adequate training, guidance and feedback?

  • Has there been a change in the workload volume, increase in stress, staffing shortages, or any other changes that may be affecting performance for this employee?

  • Are there systems or barriers beyond the employee's control contributing to the performance problems?

  • Does the employee have the proper tools, equipment, support and work environment?

  • Is this an "attitude" issue? An employee with an attitude problem can be a challenge for a manager. Their behaviour is frustrating and if they are performing, you may be reluctant to speak with them about it. Deal with it immediately!

You must keep an open mind and be flexible as your employee may not realise there is a problem and only needs expectations to be made clear or they genuinely have no idea how to resolve it and may need some help. Whatever the cause, it is important to ensure that you both agree there is an issue. Work with the employee to define an action plan. Actions to rectify the situation must be specific, with gaols, activities and timescales for achievement. Agree a date for a follow-up meeting, what outcomes must be achieved by then and how the employee can ask for extra support if required.

The final step in managing underperformance is to follow up on agreed upon actions, monitor the situation and review results. If performance is not improving, then follow these steps again and conduct another meeting. Do not wait until the scheduled meeting date. Reinforce all performance improvements immediately. The size or scope of improvement is less important than the general direction.

Learning how to deal with underperformance is an essential management skill which, once mastered, will lead to improved performance for the individual as well as the whole team.

Employment Law

Directors' Addresses

All companies will need to provide a service address for every director in their register of directors. They will also have to keep a record of their directors' residential addresses separate from their register of directors.

Disability Discrimination Act

The results of a in a landlord and tenant case, (Malcolm v Lewisham 2008) has implications for employers. Greater emphasis is being placed on the employer's duty to make reasonable adjustments for disabled candidates or employees. Until the legislation is amended, as expected in the Equality Bill due a little later this year, claims are more likely to succeed where it is shown that the duty has not been met.

National Minimum Wage

Remember that now tips, service charges etc cannot be able to included in a worker's National Minimum Wage. You are now no longer able to pay service and cover charges, tips and gratuities, via payroll and count this as part of the employee’s National Minimum Wage.

Age

From 1 October 2009

Workers aged 22 and over

£5.80 an hour

Development rate for workers aged 18-21

£4.83 an hour

Young workers rate for workers aged 16-17

£3.57 an hour

News & Comment

Dismissal for Harassment

Two Beefeaters at the Tower of London have been dismissed after they were found to have harassed Moira Cameron, the first female Beefeater. The dismissals were the result of an internal investigation that was launched earlier this month after Cameron complained that she had been subjected to a bullying campaign by some male colleagues. The case against a third Yeoman Warder was not proven.

A Tower of London spokesman stated "When the allegations arose, the Tower of London immediately initiated a thorough investigation, in line with harassment policy procedures. In light of the evidence that emerged, the investigation concluded that the allegations had foundation and that disciplinary action was appropriate."

The two sacked Beefeaters have the right to lodge an appeal within a week, and the third will return to work shortly.

Holidays & Sick Leave

Employers should change their sick leave policies to allow annual leave to be carried forward into the next year, or risk a tribunal finding they have breached regulations, according to employment lawyers.

The warning follows two European Court of Justice (ECJ) cases ruling that in some circumstances, holiday entitlement should be allowed to be taken in the next annual leave year, despite the UK Working Time Regulations that it is unlawful to carry over more than eight days per year. This leaves a 'grey area' until UK case law clarifies the situation.

Does Being a Mother Ruin Your Career?

One in three new mothers believes that returning to work after taking maternity leave harmed their career prospects, according to research by the National Childbirth Trust.

The survey of over 1,500 mothers who had recently gone back to work, found that:

  • 32 per cent felt their promotion prospects had been reduced since having a baby;

  • 13 per cent said they had reduced seniority since returning to work;

  • 39 per cent of those questioned said they were finding it "difficult" or "very difficult" to return to work after taking time off.

  • 31 percent said their relationship with their boss had deteriorated since they had become pregnant;

  • 88 per cent of mothers wanted to work flexibly on their return to work. However, one in six said their request for flexible working practices had gone nowhere.

How are you welcoming your new mothers back to work?

New Paternity Rights

Consultation on new paternity rights has recently closed. If adopted, the new rights, will allow mothers returning to work after six months to transfer their unused six months' paternity leave to their partner. This is planned to come into effect for all babies born on or after 3 April 2011 – a year later than planned.

Fathers, currently entitled to a maximum of a fortnight's paid leave, would have a statutory right to up to three months' paid and three months' unpaid leave. Gay couples will also be able to share maternity leave.

Employers’ groups fear that the new rights will cause an administrative nightmare.

Do you have a question or query about any staffing issue in your company? Drop us an email and we will do our best to answer it.

Fascinating Facts

If the population of China walked past you in single file, the line would never end because of the rate of reproduction!

Quote for December…

Motivation is the art of getting people to do what you want because they want to do it. Dwight Eisenhower

 

Practical People Solutions

t: 0845 602 1453
e: info@sapiencehr.co.uk

Sapience HR offers effective outsourced Human Resources and Personnel services and Consultancy so that companies have the right people and systems in place to achieve their business objectives.

© Sapience HR 2009


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